Is it legal to make a decision to spend not on the published agenda?

Question

Our PC recently resolved (meeting 1) not to spend a material unbudgeted sum (approx half of our general reserves and 10% of precept).  The following week, after more information had been received, Council reversed this decision and resolved to spend the full amount (meeting 2).  
This spend was on the published agenda for meeting 1. However it was not on the published agenda for meeting 2. We have a standing item on the agenda for variations of business - usually this is only used for immaterial adjustments to existing agenda items but this time it was used to add this proposed spend as a completely new agenda item.
I queried that this was contrary to the 6 month rule in standing orders (which could have been suspended but weren't) and also contrary to the statutory requirement that business must be on the published agenda. However, the Clerk was happy to go ahead. Mine was the only vote against spending the money.
Am I right in thinking that this spending decision was illegal? Is there any consequence for illegal decisions or can councils pretty much do as they like?

Answer 1

Whilst such actions may be against laid down or adopted policy I would suggest that it cannot be deemed "illegal as " I cannot find the legislation that would make it so. Whether it contravenes the powers vested in the council with regard to due diligence of tax payers money I will leave to more qualified than I and auditors to comment on. As to the six month rule being relevant and being used as an excuse not to act  it seems that in many cases it is sometimes conveniently forgotten that the six month rule can be negated based on new evidence being presented.

Comments

The decision is "illegal" in the sense that case law states a parish council may not lawfully decide anything unless it is specificied on an agenda.  That said, it is easily in the gift of the council to rectify matters by simply confirming the decision - on the back of a specific agenda item to that effect - at their next meeting.

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Case law reference or personal opinion?

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No case law reference or citation then….

Answer 2

For parish councils there are no real consequences for making unlawful decisions. Any decisions made unlawfully would be open to legal challenge, but most of the decisions parish councils make won't have someone with sufficient interest to incur the costs of a legal challenge. This is more of a concern for principal councils who may get taken to court by the likes of house builders if they get a sniff of any actions being taken ultra vires.

Answer 3

"Am I right in thinking that this spending decision was illegal?".  It was unlawful, because it wasn't on the agenda.

"Is there any consequence for illegal decisions or can councils pretty much do as they like?"  It's extremely unlikely that any authority could be convinced to pursue this.  If, as you said, the majority of councillors are in favour of the action, then its not a hill to die on.  If it had been some sort of backroom work of a dodgy clerk/chair against the will of the majority then it might be worth pursuing, but this sounds more like poor admin/understanding of process.